Mauro v Atlas Park, LLC

Oct 17, 2012
2011-08905
Versions:2012 NY Slip Op 06928
99 AD3d 872

Michael A. Mauro, Appellant,
v
Atlas Park, Defendant, and WMAP, LLC, Respondent.

— Michael A. Mauro, Glendale, N.Y., appellant pro se.

Meyer, Suozzi, English & Klein, P.C., Garden City, N.Y. (Kieran X. Bastible of counsel), for respondent.

In an action, inter alia, to recover rent payments made pursuant to a lease, the plaintiff appeals from (1) an order of the Supreme Court, Queens County (Hart, J.), entered July 12, 2011, which granted the motion of WMAP, LLC, pursuant to CPLR 1012 and 1013 for leave to intervene in the action as a defendant, and (2) an order of the same court entered August 16, 2011, which denied the plaintiff‘s motion for leave to enter a default judgment on the third cause of action insofar as asserted against the defendant Atlas Park, LLC.

Ordered that the orders are affirmed, with one bill of costs payable by the plaintiff to WMAP, LLC.

Contrary to the plaintiff‘s contention, the Supreme Court did not improvidently exercise its discretion in granting the timely motion of WMAP, LLC (hereinafter WMAP), pursuant to CPLR 1012 and 1013 for leave to intervene in the action as a defendant. WMAP, which purchased the subject property, leased by the plaintiff, at a foreclosure sale after the instant action was commenced, has a real and substantial interest in the outcome of the proceedings (see CPLR 1013; Berkoski v Board of Trustees of Inc. Vil. of Southampton, 67 AD3d 840, 843 [2009]).

The Supreme Court also properly denied the plaintiff‘s motion for leave to enter a default judgment on the third cause of action insofar as asserted against the defendant Atlas Park, LLC, as the plaintiff failed to establish that the third cause of action was viable (see McGee v Dunn, 75 AD3d 624 [2010]). Rivera, J.P., Chambers, Hall and Roman, JJ., concur.